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Home My WebLink About01-1034JONATHAN KEMBLE and TERESA KEMBLE, Plaintiffs SCOTT SIEGFRIED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ORIGINAL 224937, I\DLL~LC2 JONATHAN KEMBLE and TERESA KEMBLE, Plaintiffs SCOTT SIEGFRIED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SER¥ICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Two Liberly Avenue Carlisle, PA 17013 (717) 249-3166 224937.1\DLL\LC2 JONATHAN KEMBLE and TERESA KEMBLE, Plaintiffs SCOTT SIEGFRIED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. o J- /o:~,~ ~ 5~.u,.~. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Jonathan and Teresa Kemble, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 535 Maple Avenue, Middleburg, Snyder County, Pennsylvania. 2. Defendant Scott Siegfried is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at RD# 1 Lot 96 Paradise Mobile Home Park, New Bloomfield, Perry County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about August 4, 2000, at approximately 2:50 p.m. on Route 15, Cumberland County, Pennsylvania. 4. At that time and place, Mr. Kemble was operating his motor vehicle, a 1996 Dodge Ram pickup truck, in a northerly direction, after exiting Interstate 81 and proceeding on to Route 15. 5. At that time and place, Mr. Kemble was traveling within the lane of travel for northbound traffic on Route 15, Cumberland County, Pennsylvania. 6. At that time and place, Mr. Siegfried was operating a 1977 Ford F-150 in a northerly direction on Route 15 and was traveling in the lane of travel for northbound traffic on Rome 15. 7. At that time and place, the from portion of Mr. Siegffied's vehicle collided into the rear portion of Mr. Kemble's stationary vehicle. 224937. I \DLL\LC2 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Jonathan and Teresa Kemble are the direct and proximate result of lhe negligent, careless, wanton and reckless manner in which Defendant Scott Siegfried operated his motor vehicle as follows: a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiffs' vehicle; d) failure to travel at a safe speed; e) failure to keep proper and adequate control over his vehicle; and f) driving his vehicle upon the highway in a manner endangerinG: persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Jonathan Kemble v. Scott Sieefried 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Plaintiff Jonathan Kemble sustained painful and severe injuries which include but are not limited to right shoulder rotator cuff tear with synovitis, subacromial bursitis, and a tom labrum, requiring two surgical procedures. 11. By reason of the aforesaid injuries sustained by Mr. Kemble, he was fi)rced to incur liability for medical treatment, two surgeries, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 224937. I\DLL\LC2 2 12. Because of the nature of his injuries, Mr. Kemble has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Mr. Kemble has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily .activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Mr. Kemble has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Mr. Kemble has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid injuries, Mr. Kemble has sustained uncompensated work loss, and claim is made therefor. 17. Mr. Kemble continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 18. As a result of the aforesaid accident and subsequent surgeries, Mr. Kemble has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II Teresa Kemble v. Scott Sieefried 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 224937. I\DLL\LC2 3 20. As a result of the aforementioned injuries sustained by her husband, Mr, Kemble, Mrs. Kemble has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her gmat detriment, and claim is made therefor. WHEREFORE, Plaintiffs Jonathan and Teresa Kemble demand judgment against Defendant Scott Siegfried in an mount in excess of Twenty-five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional mnount requiring compulsory arbitration. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 224937.1\DLL\LC2 4 VERIFICATION We, Jonathan and Teresa Kemble, Plaimiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities, WITNESS: Dated: 224937. I\DLL\LC2 SHERIFF'S RETURN - CASE NO: 2001-01034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEMBLE JONATHAN ET AL VS SIEGFRIED SCOTT OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT SIEGFRIED SCOTT but was unable to locate Him deputized the sheriff of PERRY Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 1st 2001 attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. PERRY CO 24.83 .00 61.83 03/0 /200 ANGINO & ROVNER Sworn and subscribed to before me this ~ day of ~ A.D. Prothonotary ' this office was in receip5 of the Sheriff of Cumberland County -;a ~e C~urt ~f CvCw/fibn ?~eas of CumberNi'd County, Pennsylvania Jonathan Kemble, et. al. Scott Siegfried HO. 01-1034 Civil Now, 2 / 2 2 / 0 1 ,20_00 4~, I, SHERIFF OF CUMBERLAND COqINT¥, PA, do hereby deputize the Sheriff of perry Cou/lty tO execute this Writ, this deputation being made at the reque~ and hsk of the Plaintiff. Sheriff of Cmmbertand County, PA NOW, within February 26, 2001 Notice & Complaint Affidavit of Service ,20 ,at 14:40 o'clock__ P 5/[, served the ~pOI1 by handing to and made lmown ;o Scott Siegfried Lot 96 Paradise Mobile Home Park (Wheatfield Township) New Bluomfield, Pat. 17068 Angela Siegfried(Defendants wife) Notice & Complaint copy of the or/g/naI True .and attested her the contents ';hereof. Swora and subscribed be~%re mee_his.~¢ tt~ day of &~i-,~ , 20vi I ~iCmNGER, N~A~ / ~ ~,,m?~"~4 / Deputy So al'Is'wet S, ilsonPerry County, PA COSTS SER%qCE 1 8. o o 5 3/bLEAGE 4.83 A~FFIDAVIT 2.00 24.83 \05_A\LIAB\TJM\LLPG\67249\RYM\l 4180\02954 JONATHAN KEMBLE and TERESA KEMBLE, Plaintiffs SCOTT SIEGFRIED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 01-1034 : : CIVIL ACTION-LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Scott Siegfried in the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG1N DATED: BY: P.O. Box 803 Harrisburg, PA 17108 I.D. No. 52918 (717) 232-9323 Attorney for Defendant CERTIFICATE OF SERVICE I, Rachael L Minnich, employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: David Lutz, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, Pa 17110 RACHAEL L. MINNICH ~..~QNATHAN KEMBLE and ' Plaintiffs SCOTT SIEGFRIED, Defendant IN TI-)13~COURT OF COMMON PLEAS CU/gfB!gRLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1034 Civil Term JURY TRIAL DEMANDED PRAEC1PE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs cc Timothy McMahon, Esquire 227621 1 \DLL~ITG